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Communications Errors

Lawyer incivility – The claims consequences

At LAWPRO, we’ve seen a growing proportion of incivility allegations cropping up in claims. For example, lawyers may find themselves personally liable to pay a party’s costs under Rule 57.07 (Rules of Civil Procedure) where the court has found that the lawyer’s actions contributed to running up the bill. Incivility can also lead to other… Read More »

Categories: 2011 Fall Communications, Articles, Communications Errors, Difficult clients, Features

Reflections on technology changes in real estate practice

Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional market wobbles, real estate business has helped firms to flourish in communities of all sizes, often supporting the delivery of family, estates, commercial and even criminal law services. Healthy real estate practices support both lawyers’ own families… Read More »

Categories: 2017 August Managing Change, Areas of Law, Articles, Clerical / Delegation, Communications Errors, Cyber dangers, Features, Inadequate Investigation, LAWPRO Magazine Article Type, Legal Technology, Real Estate, Time Management, Topics

Litigation claims on the rise

marker drawing a line

In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »

Categories: 2017 August Managing Change, Admin dismissals/Rule 48, Areas of Law, Articles, Civil Litigation, Communications Errors, Content Type, Dabbling, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Time Management

The mysterious magic of routines

magician hat

As a child, did you step carefully over every sidewalk crack? Tap each post of the hockey net before settling into the crease? Wear your lucky socks to every law school exam? Even those of us who scorn superstition rely on routines and rituals for our own protection: we swallow a daily multivitamin, fasten our… Read More »

Categories: 2017 August Managing Change, Articles, Communications Errors, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Practice Tips, Topics

Managing the Lawyer / Client Relationship

Poor communication and failings in the lawyer/client relationship are the most frequent cause of legal malpractice claims. These failures include inadequate client case screening, poor communication and insufficient systems, trails and record keeping. This booklet (Download PDF) will help you better understand the critical dynamics of your interactions with clients.

Categories: Communications Errors, Difficult clients, Managing Booklets

Client Trial Preparation Checklist

standing man point at video screen to seated man

Prepare your client for the ups and downs of trial with this customizable checklist, which covers topics to discuss with your client, including process, timing, outcomes, risks and costs. From managing emotions to the day-to-day workings of a trial, the checklist covers important topics to discuss with your client in preparation for trial. Below are… Read More »

Categories: Checklist, Civil Litigation, Communications Errors

Reduce communication-related claims by understanding cognitive bias

neurons with words for emotions

Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively… Read More »

Categories: 2017 February Neuroscience, Communications Errors, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type

Common practice pitfalls: How to avoid them

Lawyers’ Professional Indemnity Company (LawPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected when delivering legal services. No lawyer is immune to a… Read More »

Categories: 2017 Student Issue No 5, Admin dismissals/Rule 48, Articles, Communications Errors, Features, Inadequate Investigation, Law students/new lawyers, Time Management

Limited scope representation: With the right safeguards, possibilities abound

man running up steps being drawn

A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a… Read More »

Categories: 2016 September A2J, Access to Justice, Articles, Civil Litigation, Communications Errors, Family, Features, Inadequate Investigation, Limited scope retainer/unbundling

Common practice pitfalls: How to avoid them

Man on highwire

Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected of him or her when delivering legal services. No lawyer… Read More »

Categories: 2016 Student Issue 4, Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Law students/new lawyers, Limitation Periods, New Lawyers, Time Management
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